Employer withholding AL in final pay

[Tralalalal]

Just looking for a little advice.
Have been on Mat leave for just under a year. Handed my notice in last week. Work are saying that my AL entitlement is 4.5 days. I worked 2 days (12 hours) per week. Government website says I’m entitled to 8.9 days. Have asked work and they say they have calculated this automatically using their HR website.
anyone able to advise?

When does your annual leave year start and finish?

i make it 11.2 days

my work accrues annual leave by hour but awards it by day. So because I work less than a full day it takes me longer to accrue 8 hours worth of leave, but I only have to use 5 hours worth of leave when I take a day off anyway.

Since you are part-time, could they be using a full-time equivalent definition of leave which would be effectively more days of part-time pay?

It runs from Jan-December

I have no idea, in my contract it says this-
“Your holiday pay will be based on your average earnings over the previous 12 weeks.
Number of hours worked/100 x 12.07 = Time accrued as annual leave.”

Okay, when did you start your maternity leave?

Did you use any annual leave before your maternity leave started?

How did you calculate this?

My Mat leave started in October last year and I’d used my holidays before hand.

Ah okay. I was wondering if they were adjusting your annual entitlement for what you have actually accrued.

Ask for a breakdown of how they have calculated your entitlement and go from there.

I was in exactly the same position as you OP with my employers and I also work two days a week. I rang ACAS who advised that legally it should be pro rata at 5.6 weeks per year. Working two days a week would be 11.2 days as 5.6 x2 = 11.2 but again the law states that they aren’t able to pay part of a day so it has to be paid in full days. This would be 12 days. Anything else regardless of what your HR department claims or “calculates” is within breach of the law. I would tell them you have rang ACAS and this is what they have stated and you will be perfectly happy to take this further with the support of ACAS if they do not want to act within the law. This information which can also be found on the GOV website which you can find and forward onto them. Don’t forget you only have three months from the date of a complaint to take it to tribunal so you need to be proactive and act quickly. Make sure you get all communications in writing. Document everything ie “I am writing to you further to the discussion in person/ email I have had with X person who has incorrectly informed me that I am only entitled to X amount of days annual leave when the law in fact states that I am entitled to 5.6 weeks pro rata at two days per week is 12 days per year.”

Good luck OP.

If 8 hours is a full day then you work 1.5 days per week. Full time stat annual leave is 20 days, but at 1.5 days, yours would be 6 days per year.

We are only in September, so only 3/4 of a year earned.

6 days x 3/4 is 4.5 days owed.

That's how they've worked it out, but no idea if that's correct for your circumstances

How long is your official mat leave discounting annual leave? You say handed in notice but not how long notice period is and whether already started what you think you have annual leave for.
If you take 11.5 months mat leave then wouldn't get full year's entitlement as not accrued it. Also you won't be entitled to all the bank holidays I don't think (is 2 days/12 hours 0.4 FTE or less? Also 12 hours over 2 days I think would be less as that's a short day or 24h total so should be weighted more?) They may be deducting bank holidays to get their total.

That’s really sound advice thank you

Sorry I meant 12 hour shifts, so 24 hours per week

I’ve given 4 weeks notice, so end date 15th October. We don’t get bank holidays so I don’t think they’re included. Also meant 12 hours per shift (24 hours per week)

Okay so they have been in touch to say that they thought I had worked 1 night per week, and that’s where the confusion has come from. New management since I was actually working. But they have recalculated my AL and come up with 9.5 days. Can anyone say whether this is right?

You’re very welcome. If you work two days every week regardless of hours it will still be the same calculations (12 days) you will just be paid for the hours that you usually work over those two days. Hope this also helps.

I can see where it could be yeah, if your hours equate to roughly 3 days per week (assuming 8hr day), that would be 12 days per year, you’ve only accrued 3/4 so 9 ish would be about right- if that is how it’s calculated